DECLARATION.

We, the said commissioners, having been sworn impartially to examine

and decide the said question according to such evidence as should

respectively be laid before us on the part of the British Government and

of the United States, respectively, appointed and authorized to manage

the business on behalf of the respective Governments, have decided,

and hereby do decide, the river hereinafter particularly described and

mentioned to be the river truly intended under the name of the river St.

Croix in the said treaty of peace, and forming a part of the boundary

therein described; that is to say, the mouth of the said river is in

Passamaquoddy Bay at a point of land called Joes Point, about 1 mile

northward from the northern part of St. Andrews Island, and in the

latitude of 45° 5' and 5" north, and in the longitude of 67° 12' and 30"

west from the Royal Observatory at Greenwich, in Great Britain, and 3°

54' and 15" east from Harvard College, in the University of Cambridge,

in the State of Massachusetts; and the course of the said river up from

its said mouth is northerly to a point of land called the Devils Head;

then, turning the said point, is westerly to where it divides into

two streams, the one coming from the westward and the other from the

northward, having the Indian name of Cheputnatecook, or Chebuitcook, as

the same may be variously spelt; then up the said stream so coming from

the northward to its source, which is at a stake near a yellow-birch

tree hooped with iron and marked S.T. and J.H., 1797, by Samuel Titcomb

and John Harris, the surveyors employed to survey the above-mentioned

stream coming from the northward.

_Note III_.

[Article V of the treaty of Ghent, 1814.]

Whereas neither that point of the highlands lying due north from the

source of the river St. Croix, and designated in the former treaty of

peace between the two powers as the northwest angle of Nova Scotia, nor

the northwesternmost head of Connecticut River has yet been ascertained;

and whereas that part of the boundary line between the dominions of the

two powers which extends from the source of the river St. Croix directly

north to the above-mentioned northwest angle of Nova Scotia; thence

along the said highlands which divide those rivers that empty themselves

into the river St. Lawrence from those which fall into the Atlantic

Ocean, to the northwesternmost head of Connecticut River; thence down

along the middle of that river to the forty-fifth degree of north

latitude; thence by a line due west on said latitude until it strikes

the river Iroquois, or Cataraquy, has not yet been surveyed, it is

agreed that for these several purposes two commissioners shall be

appointed, sworn, and authorized to act exactly in the manner directed

with respect to those mentioned in the next preceding article, unless

otherwise specified in the present article. The said commissioners shall

meet at St. Andrews, in the Province of New Brunswick, and shall have

power to adjourn to such other place or places as they shall think fit.

The said commissioners shall have power to ascertain and determine the

points above mentioned in conformity with the provisions of the said

treaty of peace of 1783, and shall cause the boundary aforesaid, from

the source of the river St. Croix to the river Iroquois, or Cataraquy,

to be surveyed and marked according to the said provisions. The said

commissioners shall make a map of the said boundary, and annex to it a

declaration under their hands and seals certifying it to be the true map

of the said boundary, and particularizing the latitude and longitude

of the northwest angle of Nova Scotia, of the northwesternmost head of

Connecticut River, and of such other points of the said boundary as

they may deem proper; and both parties agree to consider such map and

declaration as finally and conclusively fixing the said boundary. And in

the event of the said two commissioners differing, or both or either of

them refusing, declining, or willfully omitting to act, such reports,

declarations, or statements shall be made by them or either of them, and

such reference to a friendly sovereign or state shall be made in all

respects as in the latter part of the fourth article is contained, and

in as full a manner as if the same was herein repeated.

_Note IV_.

The point originally chosen by the commissioners in 1798 as the source

of the St. Croix was to all appearance the act of an umpire who wished

to reconcile two contending claims by giving to each party about half

the matter in dispute. No one who compares Mitchell's map with that of

Messrs. Featherstonhaugh and Mudge can fail to recognize in the St.

Croix of the former the Magaguadavic of the latter. That this was the

St. Croix intended by the framers of the treaty of 1783 was maintained,

and, it may be safely asserted, proved on the American side. On the

other hand, it was ascertained that the river called St. Croix by De

Monts was the Schoodiac; and the agent of Great Britain insisted that

the letter of the instrument was to be received as the only evidence, no

matter what might have been the intentions of the framers. The American

argument rested on the equity of the case, the British on the strict

legal interpretation of the document. The commissioners were divided in

opinion, each espousing the cause of his country. In this position of

things the umpire provided for in the treaty of 1794 was chosen, and

in the United States it has always been believed unfortunately for her

pretensions. A lawyer of eminence, who had reached the seat of a judge,

first of a State court and then of a tribunal of the General Government,

he prided himself on his freedom from the influence of feeling in his

decisions. As commissioner for the settlement of the boundary between

the States of New York and Vermont, he had offended the former, of which

he was a native, by admitting the claim of the latter in its full

extent, and it was believed that he would rather encounter the odium of

his fellow-citizens than run the risk of being charged with partiality

toward them. Colonel Barclay, the British commissioner, who concurred

in choosing him as umpire, had been his schoolfellow and youthful

associate, and it is believed in the United States that he concurred in,

if he did not prompt, the nomination from a knowledge of this feature

of character. Had he, as is insinuated by Messrs. Featherstonhaugh and

Mudge, been inclined to act with partiality toward his own country, he

had most plausible grounds for giving a verdict in her favor, and that

he did not found his decisions upon them is evidence of a determination

to be impartial, which his countrymen have said was manifested in a

leaning to the opposite side. Those who suspect him of being biased by

improper motives must either be ignorant of the circumstances of the

case or else incapable of estimating the purity of the character of

Egbert Benson. His award, however, has nothing to do with the question,

as it was never acted upon. Both parties were dissatisfied with the

conclusions at which he arrived, and in consequence a conventional

line in which both concurred was agreed upon, and the award of the

commissioners was no more than a formal act to make this convention

binding.

If, then, both Governments should think it expedient to unsettle the

vested rights which have arisen out of the award of 1798, there is a

strong and plausible ground on which the United States may claim the

Magaguadavic as their boundary, and the meridian line of its source

will throw the valley of the St. John from Woodstock to the Grand

Falls within the limits of the State of Maine. While, therefore, it

is maintained that it would violate good faith to reopen the question,

there is good reason to hope that an impartial umpire would decide it

so as to give the United States the boundary formerly claimed.

_Note V_.

The angle made by the southern boundary of the Province of Quebec with

the due north line from the source of the St. Croix first appeared in an

English dress in the commission to Governor Wilmot. This was probably

intended to be identical in its meaning with the terms in the Latin

grant to Sir William Alexander, although there is no evidence to that

effect. If, therefore, it were a false translation, the error has been

committed on the side of Great Britain, and not on that of the United

States. But it is not a false translation, as may be shown to the

satisfaction of the merest tyro in classical literature.

The words of the grant to Sir William Alexander, as quoted by Messrs.

Featherstonhaugh and Mudge, are as follows, viz:

"Omnes et singulas terras continentis ac insulas situatas et jacentes in

America intra caput seu promontorium communiter _Cap de Sable_ appellat,

jacen. prope latitudinem quadraginta trium graduum aut eo circa ab

equinoctiali linea versus septentrionem, a quo promontorio versus littus

maris tenden, ad occidentem ad stationem Sanctae Mariae navium vulgo

_Sanctmareis Bay_. Et deinceps, versus septentrionem per directam lineam

introitum sive ostium magnae illius stationis navium trajicien, quae

excurrit in terrae orientalem plagam inter regiones Suriquorum et

Etcheminorum vulgo _Suriquois_ et _Etchemines_ ad fluvium vulgo nomine

_Sanctae Crucis_ appellat. Et ad scaturiginem remotissimam sive fontem

ex occidentali parte ejusdem qui se primum predicto fluvio immiscet.

Unde per imaginariam directam lineam quae pergere per terram seu currere

versus septentrionem concipietur ad proximam navium stationem, fluvium,

vel scaturiginem in magno fluvio de Canada sese exonerantem. Et ab eo

pergendo versus orientem per maris oris littorales ejusdem fluvii de

Canada ad fluvium, stationem navium, portum, aut littus communiter

nomine de Gathepe vel Gaspee notum et appellatum."

The authentic Latin copy of the grant to Sir William Alexander, as

communicated officially by the British Government, contains no commas,

and would read as follows:

"Omnes et singulas terras continentis ac insulas situatas et jacentes in

America intra caput seu promontorium communiter Cap de Sable appellat.

Jacen. prope latitudinem quadraginta trium graduum aut eo circa ab

equinoctiali linea versus septentrionem a quo promontorio versus littus

maris tenden. ad occidentem ad stationem Sanctae Mariae navium vulgo

Sanctmareis Bay. Et deinceps versus septentrionem per directam lineam

introitum sive ostium magnae illius stationis navium trajicien. quae

excurrit in terrae orientalem plagam inter regiones Suriquorum et

Etecheminorum vulgo Suriquois et Etechemines ad fluvium vulgo nomine

Sanctae Crucis appellat. Et ad scaturiginem remotissimam sive fontem ex

occidentali parte ejusdem qui se primum predicto fluvio immiscet. Unde

per imaginariam directam lineam quae pergere per terram seu currere

versus septentrionem concipietur ad proximam navium stationem fluvium

vel scaturiginem in magno fluvio de Canada sese exonerantem. Et ab eo

pergendo versus orientem per maris oris littorales ejusdem fluvii de

Canada ad fluvium stationem navium portum aut littus communiter nomine

de Gathepe vel Gaspee notum et appellatum."

The translation of Messrs. Mudge and Featherstonhaugh is as follows:

"All and each of the lands of the continent and the islands situated

and lying in America within the headland or promontory commonly called

Cape Sable, lying near the forty-third degree of latitude from the

equinoctial line or thereabout; from which promontory stretching

westwardly toward the north by the seashore to the naval station of

St. Mary, commonly called St. Marys Bay; from thence passing toward the

north by a straight line, the entrance or mouth of that great naval

station which penetrates the interior of the eastern shore betwixt the

countries of the Suriquois and Etchemins, to the river commonly called

the St. Croix, and to the most remote source or spring of the same on

the western side which first mingles itself with the aforesaid river;

from whence, by an imaginary straight line, which may be supposed

(concipietur) to advance into the country or to run toward the north to

the nearest naval station, river, or spring discharging itself into the

great river of Canada and from thence advancing toward the east by the

gulf shores of the said river of Canada to the river, naval station,

port, or shore commonly known or called by the name of Gathepe or

Gaspe."

The only American translations which have ever been presented in

argument are as follows:

[Translation of Messrs. Gallatin and Preble, who were employed to

prepare the statement laid before the King of the Netherlands.]

"Beginning at Cape Sable, in 43° north latitude or thereabout; extending

thence westwardly along the seashore to the road commonly called St.

Marys Bay; thence toward the north by a direct line, crossing the

entrance or mouth of that great ship road which runs into the eastern

tract of land between the territories of the Souriquois and of the

Etchemins (Bay of Fundy), to the river commonly called St. Croix, and

to the most remote spring or source which from the western part thereof

first mingles itself with the river aforesaid; and from thence, by an

imaginary direct line, which may be conceived to stretch through the

land or to run toward the north, to the nearest road, river, or spring

emptying itself into the great river de Canada (river St. Lawrence); and

from thence, proceeding eastwardly along the seashores of the said river

de Canada, to the river, road, port, or shore commonly known and called

by the name of Gathepe or Gaspe."

[Translation of Mr. Bradley, the American agent under the fifth article

of the treaty of Ghent.]

"By the tenor of this our present charter we do give, grant, and convey

to the said Sir William Alexander, his heirs or assigns, all and

singular the lands of the continent and islands situated and lying in

America within the headland or promontory commonly called Cape Sable,

lying near the latitude of 43° or thereabout, from the equinoctial line

toward the north; from which promontory stretching toward the shore of

the sea to the west to the road of ships commonly called St. Marys Bay,

and then toward the north by a direct line, crossing the entrance or

mouth of that great road of ships which runs into the eastern tract of

land between the territories of the Souriquois and the Etchemins, to the

river called by the name of St. Croix, and to the most remote spring or

fountain from the western part thereof which first mingles itself with

the river aforesaid; whence, by an imaginary direct line, which may be

conceived to go through or run toward the north, to the nearest road of

ships, river, or spring emptying itself into the great river of Canada;

and from thence proceeding toward the east by the shores of the sea of

the said river of Canada to the river, road of ships, or shore commonly

known and called by the name of Gachepe or Gaspe."

But the translations of the Americans were merely for form's sake, as

the original Latin, in a copy furnished from a British public office,

was laid before the King of the Netherlands; and no fear need have been

felt that the umpire would not have been able to judge whether the

translations were true or not. It was rather to be inferred that he, in

examining a question submitted in a language foreign to him, would have

found the Latin quite as intelligible as the English. This examination,

however, is wholly superfluous.

From whatever source the negotiators of the treaty of 1783 derived their

view of the boundary, that instrument directs that it shall be a due

north line from the source of the river St. Croix. This expression is

too definite to require explanation or illustration, and it is only for

those purposes that any other instrument can be permitted to be quoted.

In the passages referred to the words "versus septentrionem" occur three

times, and in two of the instances are qualified by the context in such

manner as to leave no possible doubt as to the meaning. The first time

they occur the words of the passage are, "prope latitudinem quadraginta

trium graduum aut eo circa versus septentrionem." The free translation

into modern idiom is beyond doubt, "near the forty-third degree of north

latitude or thereabout;" and the direction toward the north must be

along a meridian line on which latitude is measured, or due north.

Messrs. Mudge and Featherstonhaugh, instead of connecting in their

translation the words "versus septentrionem" with the words "prope

latitudinem," etc., with which they stand in juxtaposition in the Latin

text which they quote, connect them with the words "ad occidentem

tendentem," which occur in the next clause of the sentence, even

according to their own punctuation. We note this as a false translation,

although it does not touch the point in dispute. They have, indeed,

attempted to use it in their argument; but even if the use they make

of it had been successful their inferences fall, because drawn from

erroneous premises.

The second clause in which the words occur is as follows: "Ad stationem

navium Sanctae Mariae vulgo St. Marys Bay, et deinceps versus

septentrionem per directam lineam introitum sive ostium magnae illius

stationis navium trajicientem," etc., "ad fluvium vulgo nomine Sanctae

Crucis appellatum." Here the line, although directed to be drawn toward

the north, is also directed to be drawn between two given points, and it

is clear that under the double direction, if they should differ from

each other, the position of the given points must govern, and the line

be traced from one of them to the other, no matter what may be their

bearings.

The last time the words occur is after the direction that the line shall

pass up the St. Croix and to the most remote western spring or fountain

of that stream, "unde per imaginariam lineam directam quae pergere per

terram seu currere versus septentrionem concipietur." Here alone can any

doubt exist as to the meaning of the terms, and that is easily solved.

The boundary pointed out in the instrument is "such as may be conceived

to go or run toward the north by (per) a direct (directam) line." Now a

direct line toward the north can be no other than a meridian line. Had

it been merely a straight line of vague northerly direction which was

meant, _rectum_, the usual expression for a mathematical straight line,

would have been used instead of _directam_. It is, moreover, to be

considered that the Romans had names both for the northeast and

northwest points of the compass, and that the expression "versus

septentrionem" in its most vague application could not possibly have

admitted of a deviation of more than two points on either hand. Had the

direction intended deviated more than that amount from the true north,

the Latin term corresponding to northeast or northwest must have been

used. Nor is this a matter of mere surmise, for in a passage immediately

following that which has been quoted the direction through the Gulf

of St. Lawrence toward Cape Breton is denoted by the term "versus

Euronotum," leaving no possibility of doubt that had the line directed

to be drawn from the source of the St. Croix been intended to have

a northwestern bearing the appropriate Latin words would have been

employed.

It is, besides, to be recollected that the instrument was drawn by a

person using habitually and thinking in a modern idiom, and that in

translating the English words due north into Latin no other possible

expression could suggest itself than the one employed. Such, then,

was the sense appropriately given to the Latin words, first in the

commission of Governor Wilmot and his successors, governors of Nova

Scotia, and subsequently in the commission of all the governors of New

Brunswick from the time that it was erected into a province until the

question was referred to the King of the Netherlands. In this reference,

although a translation was given in the American argument, it was not as

quoted by Messrs. Featherstonhaugh and Mudge, but was in the words which

have already been cited.

Connected with this subject, although, like it, wholly irrelevant, is

another conclusion which Messrs. Mudge and Featherstonhaugh attempt to

draw from the same grant to Sir William Alexander. That charter directs

the line "versus septentrionem" to be produced "ad proximam navium

stationem, fluvium, vel scaturiginem in magno fluvio de Canada sese

exonerantem." It can hardly be credited that, although a literal

translation of this passage is given, including the whole of the three

terms naval station, river, _or_ spring, that it is attempted to limit

the meaning to the first expression only, and to infer that as Quebec,

in their opinion, is the first naval station above Gaspe on the St.

Lawrence, the line "versus septentrionem" was intended to be drawn

toward that place, but that as "spring" is also mentioned the line

must stop at the source of the Chaudiere. Now it has been uniformly

maintained by British authorities, and most strongly in the discussion

which preceded the War of 1756, that Nova Scotia extended to the St.

Lawrence. The boundary of Sir William Alexander's grant was therefore to

be changed from a geographical line to a water course as soon as it met

with one, and the apparently useless verbiage was introduced to meet

every possible contingency. Supposing, however, that it did not extend

so far, the northwest angle of his Nova Scotia will be where the

meridian line of the St. Croix crosses the Beaver Stream running into

Lake Johnson, only a mile to the north of the point maintained by the

American claim to be such.

The map of L'Escarbot, quoted by Messrs. Mudge and Featherstonhaugh,

illustrates both this point and the second instance in which the term

"versus septentrionem" is employed. On that map, due north of the Bay

of St. Marys, a deep inlet of the Bay of Fundy is represented, and,

continuing in the same direction, a deep inlet of the St. Lawrence is

figured. The latter does not exist, but this map shows that it was

believed to exist at the time of the grant, and must be the "statio

navium" of that instrument.

This inlet of the Bay of Fundy occupies the position of the St. John,

which is almost due north by the most recent determination from St.

Marys Bay, and is so represented on their own map. That the St. John

was by mistake arising from this cause taken for the St. Croix in the

charter to Alexander is obvious from its being described as lying

between the territories of the Etchemin and Souriquois. Now Etchemin, or

canoe men, is the name given by the Micmac Indians to the race of the

Abenakis, from their skill in the management of the canoe; and this race

has always inhabited the river, whence one of their tribes is still

called St. John's Indians. The language of this tribe, although they

have lived apart for many years, is still perfectly intelligible by the

Indians of the Penobscot, and those in the service of the commission

conversed with perfect ease with the Indians of Tobique. Massachusetts,

then, was right in claiming to the St. John as the eastern limit of

the grant to Sir William Alexander, being the stream understood and

described in it under the name of St. Croix, and wholly different from

the river known to the French under that name. If, therefore, Great

Britain should insist that the question in relation to the St. Croix

shall be reopened, the United States would be able to maintain in the

very terms of the original grant to Alexander (on which the British

argument in 1797 rested) that the St. John is the St. Croix, and the

boundary will be that river to its most northwestern source, the

Asherbish, which flows into the upper end of Lake Temiscouata. Nova

Scotia will then have recovered her lost northwest angle, which can not

be found in any of the many shapes under which the British argument has

been presented, although it forms the place of beginning of what is

called a grant to the United States.

_Note VI_.

The fact that a line drawn from the source of the Kennebec to the mouth

of the Chaudiere or thereabout must be one of the boundary lines of

the grant to the Duke of York has not escaped the notice of Messrs.

Featherstonhaugh and Mudge; but they have not derived the true result

from this discovery. The Kennebec being the western limit of the grant,

the line in question bounds the territory on the southwest, while they

infer that it bounds it on the northeast. In making this inference they

appear to have forgotten that the St. Croix is the eastern boundary of

the grant. By their argument the grant to the Duke of York is blotted

wholly from the map, or, rather, becomes a mathematical line which is

absurd.

_Note VII_.

No name which has ever been applied to any part of North America is as

vague as that of Acadie. The charter to De Monts in 1604 extended from

the fortieth to the forty-sixth degree of north latitude; that is to

say, from Sandy Hook, at the mouth of the Hudson, to the peninsula of

Nova Scotia. It therefore included New York, parts of New Jersey and

Pennsylvania, and all the New England States, but excluded the disputed

territory. His settlement was at the mouth of the St. Croix, but

was speedily removed to Port Royal. The latter place was soon after

destroyed by an expedition from Virginia under Argall. Under the title

derived from this conquest it would appear probable that the celebrated

grant to Sir William Stirling was made; but when his agents attempted

to make settlements in the country they found that the French had

preoccupied it. Although the son of Alexander succeeded in conquering

the country granted to his father, and even beyond it to the Penobscot,

it was restored to France by the treaty of St. Germains in 1634, and the

Alexanders were indemnified for the loss by the Crown of England.

In the subsequent cessions to France after its occupations by the arms

of Massachusetts, and in its final cession to Great Britain by the

treaty of Utrecht in 1713, the country ceded is described as Acadie or

Nova Scotia, with its ancient bounds (_cum finibus antiquis_). The

uncertainty arising from this vague description became in 1750 a subject

of controversy between France and England, and was one of the causes

which led to the war of 1756. In this discussion both parties admitted

that the names Acadie and Nova Scotia were convertible terms. England

maintained that the territory thus named extended to the St. Lawrence;

the French, on the other hand, insisted that their Acadie had never

extended more than 10 leagues from the Bay of Fundy; while by

geographers, as quoted by the British commissioners, the name was

limited to the peninsula which forms the present Province of Nova

Scotia.[62] If Acadie had been limited to the north by the forty-sixth

degree of north latitude, as expressed in the charter of De Monts,

that parallel is to the south of Mars Hill. The British Government,

therefore, derives no title to the disputed territory from this source,

as the title of Massachusetts and of Maine as her successor is admitted

to all country south of that parallel.[63]

[Footnote 62: Report of Featherstonhaugh and Mudge, p. 8.]

[Footnote 63: It can not be seriously pretended that when by the treaty

of St. Germains, in 1632, Acadie was restored to France the intention

was to cede to her the colonies already settled in New England. Yet the

language of the British commissioners would imply that this was the case

were it not that they evidently consider the forty-sixth parallel as the

southern boundary of the grant to De Monts, whereas it is the northern.]

It is very easy to tell what country was actually settled by the French

as Acadie. Its chief town was Port Royal, now Annapolis, at the head of

the Bay of Fundy. Nearly all the settlements of the Acadians were in

that vicinity, and for the most part within the peninsula.

From these seats they were removed in 1756 by Great Britain, and to

them a remnant was permitted to return. The most western settlement of

Acadians was on the St. John River near the present site of Fredericton,

and no permanent occupation was ever made by them of country west of the

St. Croix. It is even doubtful whether the settlement near Fredericton

was a part of French Acadie, for it seems to have been formed by persons

who escaped from the general seizure and transportation of their

countrymen.

This settlement was broken up in 1783, and its inhabitants sought refuge

at Madawaska; but it can not be pretended that this forced removal of

Acadians subsequent to the treaty of 1783 was an extension of the name

of their country. The whole argument in favor of the British claim

founded on the limits of ancient Acadie therefore fails:

First. Because of the inherent vagueness of the term, on which no

settled understanding was ever had, although England held it to be

synonymous with Nova Scotia and France denied that it extended more

than 10 leagues from the Bay of Fundy.

Second. Because by its original definition in the grant to De Monts it

excludes the whole disputed territory on the one side; and

Third. Because in its practical sense, as a real settlement, it is

wholly to the east of the meridian of the St. Croix, and this excludes

the whole of the disputed territory on the other.

The portion of the territory granted to the Duke of York, and which is

now the subject of dispute, therefore can not be claimed as a part of

Acadie, as it never fell within its limits either by charter or by

occupation.

_Note VIII_.

[Extract from the award of the King of the Netherlands.]

Considering that in 1763, 1765, 1773, and 1782 it was established that

Nova Scotia should be bounded at the north as far as the western

extremity of the Bay des Chaleurs by the southern boundary of the

Province of Quebec; that this delimitation is again found with respect

to the Province of Quebec in the commission of the Governor-General of

Quebec of 1786, wherein the language of the proclamation of 1763 and of

the Quebec act of 1774 has been used, as also in the commissions of 1786

and others of subsequent dates of the governors of New Brunswick, with

respect to the last-mentioned Province, as well as in a great number

of maps anterior and posterior to the treaty of 1783; and that the

first article of the said treaty specifies by name the States whose

independence is acknowledged; but that this mention does not imply

(_implique_) the entire coincidence of the boundaries between the

two powers, as settled by the following article, with the ancient

delimitation of the British Provinces, whose preservation is not

mentioned in the treaty of 1783, and which, owing to its continual

changes and the uncertainty which continued to exist respecting it,

created from time to time differences between the provincial

authorities.

_Note IX_.

[Article IV of the convention of 1827.]

The map called Mitchell's map, by which the framers of the treaty

of 1783 are acknowledged to have regulated their joint and official

proceedings, and the Map A, which has been agreed on by the contracting

parties as a delineation of the water courses, and of the boundary lines

in reference to the said water courses, as contended for by each party,

respectively, and which has accordingly been signed by the above-named

plenipotentiaries at the same time with this convention, shall be

annexed to the statements of the contracting parties and be the only

maps that shall be considered as evidence mutually acknowledged by the

contracting parties of the topography of the country.

It shall, however, be lawful for either party to annex to its respective

first statement, for the purposes of general illustration, any of the

maps, surveys, or topographical delineations which were filed with

the commissioners under the fifth article of the treaty of Ghent,

any engraved map heretofore published, and also a transcript of the

above-mentioned Map A or of a section thereof, in which transcript each

party may lay down the highlands or other features of the country as it

shall think fit, the water courses and the boundary lines as claimed

by each party remaining as laid down in the said Map A. But this

transcript, as well as all the other maps, surveys, or topographical

delineations, other than the Map A and Mitchell's map, intended to be

thus annexed by either party to the respective statements, shall be

communicated to the other party, in the same manner as aforesaid, within

nine months after the exchange of the ratifications of this convention,

and shall be subject to such objections and observations as the other

contracting party may deem it expedient to make thereto, and shall annex

to his first statement, either in the margin of such transcript, map or

maps, or otherwise.

_Note X_.

[Extract from the award of the King of the Netherlands.]

Considering that, according to the instances alleged, the term highlands

applies not only to a hilly or elevated country, but also to land which,

without being hilly, divides waters flowing in different directions, and

that thus the character, more or less hilly and elevated, of the country

through which are drawn the two lines respectively claimed at the north

and at the south of the river St. John can not form the basis of a

choice between them.

_Note XI_.

The reason of the double delineation of the Restigouche on the map of

Mitchell and several others of ancient date is obvious. A mistake was

common to them all by which the Bay of Chaleurs was laid down too

far to the north. The main branch, or Grande Fourche, of Restigouche

(Katawamkedgwick) has been reached by parties setting out from the banks

of the St. Lawrence at Metis, and was known to fall into the Bay of

Chaleurs, while the united stream had also been visited by persons

crossing the wagansis of Grand River and descending the Southwestern

Branch. The map makers could not, in consequence of the error in

latitude, make their plat meet, and therefore considered the part of

the united streams reached in the two different directions as different

bodies of water, and without authority sought an outlet for that which

they laid down as the southernmost of the two in another bay of the Gulf

of St. Lawrence. On many of the maps, however, the small stream which

modern geographers improperly call Restigouche is readily

distinguishable under the name of Chacodi.

_Note XII_.

In the argument of the British commissioners under Jay's treaty the

following points were maintained, and, being sanctioned by the decision

of the umpire, became the grounds of an award acceded to by both

Governments:

First. That the limits of Nova Scotia had been altered from the southern

bank of the St. Lawrence to the highlands described in the treaty of

peace.

Second. That if the river Schoodiac were the true St. Croix the

northwest angle of Nova Scotia could be formed by the western and

northern boundaries (the meridian line and the highlands).

Third. That the territory of Acadie, or Nova Scotia, was, the same

territory granted to Sir William Alexander.

Fourth. That the sea and Atlantic Ocean were used as convertible terms.

Fifth. That from the date of the treaty of Utrecht the boundary between

Massachusetts and Nova Scotia was that of the patent to Sir William

Alexander.

Sixth. That the Provinces of Quebec and Nova Scotia belonged to and were

in possession of His Britannic Majesty in 1783, and that he had an

undoubted right to cede to the United States such part of them as he

might think fit.

Seventh. That the due north line from the source of the St. Croix must

of necessity cross the St. John.

It has since been maintained on the part of Great Britain:

First. That the limits of Nova Scotia never did extend to the St.

Lawrence.

Second. That the northwest angle of Nova Scotia was unknown in 1783.

Third. That Acadie extended south to the forty-sixth degree of north

latitude, and was not the same with Nova Scotia.

Fourth. That the sea and the Atlantic Ocean were different things.

Fifth. That the claims and rights of Massachusetts did not extend to the

western bounds of the grant to Sir William Alexander.

Sixth. That this being the case the cession of territory not included

within her limits is void.

Seventh. That it could never have been intended that the meridian line

should cross the St. John.

_Note XIII_.

It has been pretended that the grant of the fief of Madawaska in 1683

can be urged as a bar to the claim of Massachusetts. That fief, indeed,

was among the early grants of the French governors of Canada, but it is

not included in the claim which the French themselves set up. It was

therefore covered by the Massachusetts charter, because the grant had

never been acted upon. Even up to the present day this fief can hardly

be said to be settled or occupied except by the retainers of the

garrison of Fort Ingall, and from all the evidence which could be found

on the spot it appeared that no settlement had ever been made upon it

until the establishment of a posthouse some time between the date of the

treaties of 1783 and 1794. It therefore was not at the time the charter

of Massachusetts was granted (1691) "actually possessed or inhabited by

any other Christian prince or state."

An argument has also been attempted to be drawn from the limits given on

Greenleaf's map to a purchase made from the State of Massachusetts by

Watkins and Flint. This purchase is, however, by the patent extended to

the highlands, and the surveyors who laid it out crossed the Walloostook

in search of them. Here they met, at a short distance from that stream,

with waters running to the north, which they conceived to be waters of

the St. Lawrence, and they terminated their survey. The lines traced on

Greenleaf's map are therefore incorrect, either as compared with the

grant or the actual survey, and although from a want of knowledge of the

country the surveyors stopped at waters running into Lake Temiscouata

instead of the St. Lawrence, the very error shows the understanding they

had of the true design of the patent, and this transaction, so far from

being an available argument against the American claim, is an act of

possession at an early date within the limits of the disputed territory.

WASHINGTON, _April 8, 1842_.

_To the Senate of the United States_:

In compliance with your resolution of the 31st March, 1842, I have the

honor to submit the accompanying document and report[64] from the

Commissioner of the General Land Office.

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